Medical Treatment Decisions for Children in DCF Custody (Rogers)



G.L. c. 18B, § 23 (Children in DCF Care or Custody Receiving Inpatient Psychiatric Services)

G.L. c.112, §§ 12E (Minors Consent to Medical Care for Substance Use Disorder)

G.L. c. 112, § 12F (Emergency treatment; Minors consent to treatment)

G.L. c.119, § 21 Definitions (custody) (Powers of custodian; challenge to custodial powers)

G.L. c.119, § 32 (Requirement of Medical Screening; Medically Needy Children)

G.L. c.119, § 38 (Hearings re DNR/Withdrawal of Life-Sustaining Treatment)

G.L. c.119, § 38A (Court Orders re DNR/Withdrawal of Life-Sustaining Treatment)

G.L. c. 123, Mental Health (Involuntary Commitment to Mental Health Facility; Treatment with Antipsychotic Medication                                                                                                                          

G.L. c. 190B, § 5-306A (Uniform Probate Code)

110 CMR 11.00 (DCF Regulations Relating to Consent for Medical Treatment)

110 CMR 7.120 (DCF Regulation Relating to Restraint/Exclusion in Residential Placement)

110 CMR 7.121-7.127 (DCF Regulations Relating to Periodic Health Care)

104 CMR 27.00 (DMH Regulations Relating to Operation of Mental Health Facilities)

DCF Policy # 2007-01 Forgoing or Discontinuing Life – Sustaining Medical Treatment

Summary: Minor’s Right to Consent to Medical Treatment

Summary of Cases Regarding Consent to Extraordinary Medical Treatment

Table Re: Authority to Consent to Medical Treatment

Massachusetts Law about Mental Health Issues

Mental Health Legal Advisors Committee


Texas Department of Family and Protective Services Medication Utilization Parameters for Foster Children

DMH Guide:  “Psychoactive Medication for Children and Adolescents: Orientation for Parents, Guardians and Others.”  Children and Adolescents’ Psychoactive Medication Workgroup, Department of Mental Health (Feb. 2002; rev. Sept. 2007)

GAO Report:  Foster Children – HHS Guidance Could Help States Improve Oversight of Psychotropic Prescriptions

“Treatment of Children with Mental Illness.”  National Institute of Mental Health (NIMH 2009)

Health Care Issues for Children and Adolescents in Foster Care and Kinship Care.  American Academy of Pediatrics (September 2015)

American Academy of Child & Adolescent Psychiatry (AACAP)

American Academy of Pediatrics

Child & Adolescent Bipolar Foundation

Child Welfare Information Gateway, Mental Health

Depression and Bipolar Support Alliance

Internet Mental Health

National Alliance for the Mentally Ill

National Institute of Mental Health: Child and Adolescent Mental Health

National Mental Health Association

National Mental Health Information Center, Substance Abuse and Mental Health Services Administration (SAMHSA)

National Child Traumatic Stress Network


BBA Parents’ How-to Guide to Children’s Mental Health Services in Massachusetts (3d ed. 2011)

CBHI: Helping Families Access MassHealth Home- and Community Based Behavioral Health Services for Children and Youths Under Age 21 (2010)

DMH Young Adult Resource Guide (2012)

Center for Public Representation: Rosie D.

Family Resource Centers of Massachusetts

Massachusetts Child Psychiatry Access Project

Massachusetts Children’s Behavioral Health Initiative

Massachusetts Department of Mental Health

Massachusetts Office of the Child Advocate

Parent/Professional Advocacy League (PAL)


ABA Policy Brief on Psychotropic Medications for Children in Foster Care (Oct 2011)

Making Healthy Choices – Psychotropic Medication Guide for Youth in Foster Care  (Children’s Bureau 2012)

Supporting Youth in Foster Care in Making Healthy Choices: A Guide for Caregivers and Caseworkers on Trauma, Treatment, and Psychotropic Medications (Children’s Bureau 2015)

Sample Affidavit and Treatment Plan

Agreement for Limited Release of Privileged Information and Draft Protective Order

Checklist for Attorneys

Checklist for Speaking with the Psychiatrist

Findings of Fact, Conclusions of Law and Order

GAL Report

Juvenile Court Bench Card for Juvenile “Rogers” Hearings: Testimony of Physicians or Guardians ad Litem

Juvenile Court Form Recommending LSMT

Motion for GAL and Hearing on the Need for Extraordinary Medical Treatment

Motion for Individualized Health Care Plan


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